Professional Documents
Culture Documents
County, Pennsylvania.
The body of the Foreclosure
Complaint included an itemized list of the total debt, stating
that the following items were due and owing as of July 12,
2012:
Unpaid Principal Balance
$213,224.26
Accumulated Interest (07/01/2011-07/12/2012)
$13,452.47
Accumulated Late Charges
$177.74
Escrow Deficit / (Reserve)
$1,935.45
Title Report
$325.00
Attorney Fees
$1,650.00
Property Inspection
$75.00
Grand Total
$230,839.92
The above figures are calculated as of 07/12/2012[.]
App. 47a.
Kaymark alleges that the $1,650 in attorneys fees,
$325 in title report fees, and $75 in property inspection fees
(or $2,050 total) were not actually incurred as of July 12, two
months before the foreclosure action was filed on September
13. Kaymark also alleges that the fees were improperly
calculated on a fixed basis. Appellees retort that fixed fees
are contemplated under the FNMA servicing guide, which
sets the maximum foreclosure fee, or cap, for attorneys fees
at $1,650. See App. 85a-86a.
On
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While the court also noted that the plaintiff did not
allege ascertainable loss from the unpaid bill, standing
alone, Grimes, 105 A.3d at 1193, we find Grimes instructive
for determining ascertainable loss here. The thrust of the
opinion reads that because the plaintiff did not pay the
disputed fees and therefore could not plead ascertainable loss,
she cannot manufacture that loss with attorneys fees. See id.
at 1193-94.
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